Constitutional Court obliges Yudhoyono to revise regulations on deputy ministers

The Constitutional Court has obliged President Susilo Bambang Yudhoyono to adjust each of his decrees on deputy minister positions, deeming that the existing decrees had violated the Constitution.     

The court ruled on Tuesday that while the President had the authority to chose deputy ministers, the selection process was confusing because Article 10 of Law No. 39/2008 on State Ministry sets deputy ministerial posts as jobs for career officials.

In its ruling, the judges said that according to the article, deputy ministers should be selected by assessment teams, led by the vice president, from a list of nominees from related ministries consisting of senior officials holding IA echelon posts.

“[However], according to facts presented before the trial, the President, in reality, has appointed and swore in deputy ministers by himself without going through procedures that applied for career officials,” Constitutional Court president Mahfud MD said in a ruling.

Mahfud added that Yudhoyono’s decisions had shown that there was a political tone in appointing deputy ministers, citing the inconsistencies in revising the Presidential Decree No. 77/2009 on State Ministry.

He was referring to the presidential decrees number 76 and 77 issued in October 2011, which upgraded then presidential adviser Denny Indrayana’s grade status to meet the requirements for deputy minister position. Denny’s grade was III/c, a very junior official far below the requirement for a IA echelon post.

Denny is the current law and human rights deputy minister.

Court spokesman Akil Mochtar said that the new ruling would automatically deactivate in-office deputy ministers until the President revised his own decrees.

The judicial review was filed by a number of NGOs that challenged the legality of deputy minister posts, saying that the new position violates the 2009 State Ministry Law and was a waste of state money.

A total of 17 deputy ministers currently serve in the Cabinet.

Deputy Energy and Mineral Resources Minister Widjajono Partowidagdo passed away on April 21 while Deputy Minister Ali Ghufron Mukti is currently in charge for the late minister Endang Rahayu Sedyaningsih, who passed away on May 2. (asa/nvn)